Doctor's wrongful death case returns to court

While an emergency doctor at Rome Memorial Hospital remains on probation for a DWI conviction last year, the appeal of an earlier wrongful death lawsuit against him is returning to court today.

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Uticaod

Posted Apr. 8, 2014 at 6:00 AM

Posted Apr. 8, 2014 at 6:00 AM

ROME

While an emergency doctor at Rome Memorial Hospital remains on probation for a DWI conviction last year, the appeal of an earlier wrongful death lawsuit against him is returning to court today.

Dr. Timothy Page, another doctor and St. Elizabeth Medical Center were all cleared of negligence in the 2006 death of patient Tony Karam. But Karam’s family has argued for years that Page’s failure to properly examine Karam for brain trauma played a role in his death.

Now, they’re headed to the state Appellate Division in Rochester today to argue that the civil case deserves a new trial with a new judge.

The family believes state Supreme Court Justice Bernadette Clark did not thoroughly investigate a secretly recorded conversation in which a doctor is heard saying that hospital officials were trying to “protect Dr. Page.”

Because of Clark’s alleged familiarity with the recorded doctor, the Karams believe she should have removed herself from the case. Clark has denied any friendship with the doctor, and reiterated her impartiality in a ruling last year.

Page, who no longer is with St. Elizabeth, previously lost an unrelated medical malpractice lawsuit last year when a jury concluded that he failed to immediately diagnose and properly treat a teenage girl who had a stroke in 2007. The girl was awarded $1.25 million.

Since then, Page faced additional scrutiny last year when he was convicted of driving while intoxicated. On Dec. 18, the state Board of Professional Medical Conduct placed him on 60 months of probation.

Among the terms: He must remain free from alcohol and other non-prescribed, mood-altering drugs; he must be supervised by an on-site physician; and he must submit to random unannounced tests for drug and alcohol.

Page could not be reached for comment, but officials with his employer, TeamHealth, released a statement on his behalf.

“The New York State Department of Health, State Board for Professional Medical Conduct adjudicated Dr. Page’s case,” the statement says. “Dr. Page, TeamHealth and the facilities at which Dr. Page works are committed to complying with the conditions issued by the board regarding his professional practice.”

Officials at Rome Memorial said Page is “well thought of for his clinical skills and compassion.”

“As long as he continues to abide by the guidelines established by OPMC, he will continue to be able to practice,” hospital President and CEO Basil Ariglio said in a statement.

In 2010, the state Board for Professional Medical Conduct received more than 8,500 complaints against medical professionals, according to the most recent statistics available. Of the 322 disciplinary charges that were then referred that year, about 53 percent resulted in the surrender, revocation or suspension of medical licenses.

Page 2 of 2 - Nearly 30 percent resulted in censure and reprimand – similar to what Page received in 2013.

While doctors such as Page remain on probation, any further transgressions would be taken into consideration, state officials said.

“If there was additional wrongdoing and that wrongdoing was substantiated, we would take additional action,” said Jeffrey Hammond, spokesman for the state Department of Health.